CHAPTER 74

FORMERLY

HOUSE BILL NO. 336

AN ACT TO AMEND TITLE 10 AND TITLE 29, DELAWARE CODE RELATING TO JUSTICE OF PEACE COMPENSATION AND MAKING AN APPROPRIATION THEREFOR.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §9209, Chapter 92, Title 10 of the Delaware Code, by striking subsection (a) of said section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) Effective January 1, 1979, each Justice shall receive annually as compensation for his services the sum of $16,000. Thereafter, effective January 1, 1980, each Justice shall receive annually as compensation for his services the sum of $17,000."

Section 2. Each person who was serving as a Justice of the Peace of the State of Delaware as of April 1, 1976 through March 31, 1978 shall be paid the sum of $1,767.00 in one payment for past judicial service in addition to salary adjustments provided in this Act. Each person who was serving as a Justice of the Peace of the State of Delaware as of April 1, 1976, but who retired, resigned, or died prior to March 31, 1978, shall receive benefits pursuant to 29 Delaware Code 56532 as of the date of his retirement, resignation or death upon presentment of a written claim to the Treasurer of the State of Delaware.

Section 3. Each Justice of the Peace or former Justice of the Peace of the State of Delaware who elects to receive the benefits provided by this Act, by his act of so electing, waives, releases, and gives up any claim or right which he may have had, or now has, as a result of any prior act, law, or provision of the Delaware Code with respect to COLA, to the date of this Act. Each Justice of the Peace or former Justice of the Peace of the State of Delaware, or his personal representative, shall notify the State Treasurer, in writing, of his election to receive the benefits provided by this Act no later than 30 days after the effective date of this Act.

Section 4. The sum of $166,991 is hereby appropriated to the State Treasurer and shall be paid out of the General Fund of the State of Delaware from Funds not otherwise appropriated for the purposes of this Act. This is a supplementary appropriation for fiscal year 1979, and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated. The funds herein appropriated remaining unexpended on June 30, 1979, shall revert to the General Fund of the State of Delaware.

Section 5. The provision of this Act shall become effective upon the written election to accept the terms of this Act by all those persons serving as a Justice of the Peace on the date this Act is enacted into law or their personal representatives. If the written acceptance of the terms of this Act by all those persons serving as a Justice of the Peace on the date this Act is enacted in law or their personal representatives is not obtained within 30 days of the date this Act Is enacted into law, this Act shall be automatically null and void and of no force or effect.

Approved June 26, 1979